Kaylene A. Zambito v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Wisconsin grants the parties’ joint motion for remand under sentence four of 42 U.S.C. § 405(g). The court reverses the Commissioner of Social Security’s decision and remands for further consideration of the plaintiff’s impairments and residual functional capacity, an opportunity for a hearing, completion of the administrative record, and issuance of a new decision.

Holdings

1. The court granted the parties' joint motion and entered a sentence-four judgment reversing the Commissioner's decision and remanding the case for further proceedings under 42 U.S.C. § 405(g).
2. On remand, the Appeals Council must remand the matter to an Administrative Law Judge to further consider the severity of Plaintiff's impairments and maximum residual functional capacity, provide an opportunity for a hearing, complete the administrative record, and issue a new decision.

Questions Presented

1. Whether the court should grant the parties' joint motion for a sentence-four remand under 42 U.S.C. § 405(g).
2. What further proceedings the Social Security Administration must conduct on remand.

Disposition

reversed_and_remanded